Terms and Conditions of Use

COURTROOM INSIGHT, INC.

Last Revised: August 17, 2016

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

These terms and conditions of use ("Terms of Use") apply to your access to, and use of, the Web site owned and operated by Courtroom Insight, Inc. ("Company"), located at www.courtroominsight.com (the "Site") and all content, information and other services provided on or through this Site ("Content"). If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity's behalf and to bind such entity to these Terms of Use. Courtroom Insight reserves the right to change the Terms of Use at any time by posting a revised Terms of Use on the Site and indicating in the Terms of Use the date it was last updated. Your use of the Site following the posting of such changes shall constitute your acceptance of any such changes. Courtroom Insight encourages you to review its Terms of Use whenever you visit the Site to determine if any changes have been made.

1. Privacy Policy

Please refer to Courtroom Insight's Privacy Policy for information on how the Company collects, uses and discloses personally identifiable information about its users.

2. Consent to Receive E-mails

By using the Site, you consent to receive e-mails from Courtroom Insight, which may include commercial e-mails provided such e-mails are in accordance with the preferences you select in the Notification Preferences Section on the My Account page of the Site. You may change such preferences by changing your account settings on the Notification Preferences Section on the My Account page of the Site. Please note that as long as you maintain an account, you may not "opt out" of receiving service or account-related e-mails from Company.

3. Limitations on Use

As a user of this Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Site and Content in accordance with these Terms of Use. You may use the Content on this Site only for your personal use and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy the Site or the Content without Company's prior written permission. You may not use this Site to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Site. You may not use or otherwise export or re-export this Site or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Site or its Content is prohibited and will terminate the license granted herein.

4. Third Party Communications

As used herein, "Third Party Communications" means any communications directed to you from any third party directly or indirectly in connection with this Site. Company disclaims all liability for any Third Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Company assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications.

5. Not Legal Advice

The Company and its suppliers disclaim all warranties and guarantees, express or implied, regarding the accuracy, completeness, adequacy or currency of the Content. Your use of Content on this Site or materials linked from this Site is at your own risk. Such Content is intended for general informational purposes only and should be used only as a starting point for finding resources. It is not a substitute for an in-person or telephone interview with an expert witness or litigation consultant. You understand that questions and answers or other public postings to the Site are not confidential.

Company does not select who can post Content and does not approve or endorse any Content posted by users of the Site, and Company does not routinely screen, monitor, or review the content as submitted by Site users. As a result, Courtroom Insight has no control over and does not warrant or guarantee the accuracy, adequacy, applicability, completeness, currency or quality of any such Content or the qualifications of those posting Content. Without limiting the foregoing, Company reserves the right, but does not have the obligation, to review, remove or edit any Content on the Site. COURTROOM INSIGHT SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY LEGAL INFORMATION YOU ENCOUNTER ON OR THROUGH THE SITE, AND ANY USE OR RELIANCE ON LEGAL INFORMATION IS SOLELY AT YOUR OWN RISK.

6. Intellectual Property Rights

Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights in the Content or the Site. You agree that, as between you and the Company, the Content and the Site are owned by the Company (excluding any Content you originally submit to the Site) and that the Content and the Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. "Courtroom Insight," the Company logo, and any other product or service name or slogan contained in the Site are trademarks of Company and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable right holder. You may not use any metatags or any other "hidden text" utilizing "Courtroom Insight" or any other name, trademark or product or service name of Company without the Company's prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.

7. Copyright Complaints

If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with Courtroom Insight's Designated Agent as set forth below.

Name of Agent Designated to Receive Notification of Claimed Infringement: Mark Torchiana

Full Address of Designated Agent to Which Notification Should be Sent: 2010 Crow Canyon Place, Suite 100, San Ramon, CA 94583.

Courtroom Insight may give notice of a claim of copyright infringement to Company's users by means of a general notice on the Site, electronic mail to a user's e-mail address in Company's records, or by written communication sent by first-class mail to a user's address in Company's records.

8. Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

9. Linking to this Site

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes provided such link does not portray Company, any of its products and services, or any listed professional in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Company logo or other proprietary graphic of Company to link to this Site without the express written permission of Company. Further, you may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Company's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Company or any third party.

Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of Company and Company is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Company provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Company of any site or any information contained therein. When you leave the Site, you should be aware that Courtroom Insight's terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

10. Advertisers

This Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Site is accurate and complies with applicable laws. Company is not responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials, for the acts or omissions of advertisers and sponsors, or for any liability arising from the foregoing.

11. Registration

Certain sections of this Site require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Company of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Company does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. In addition, you agree not to access or use, or attempt to access or use, the Site or any part thereof using the identity or the registration data of any person other than yourself.

12. User Posted Content & Other Interactive Services or Areas

The Site includes areas in which users may post content and information, including peer and client reviews, messages, questions and answers, comments, data, text, photos, graphics or other materials (the "Postings") and may include other interactive areas or services in which you or third parties may create, post, modify or store information, content, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

1. Postings that are false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, including any recommendation, endorsement, or review of an individual with whom you have not had direct, personal experience in a professional context or as a client of such individual;
2. Postings that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law;
3. Postings that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By submitting any Postings, you represent and warrant that you have the right to distribute and reproduce such Postings on the Site;
4. Postings that impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
5. Postings that violate federal, state, or local equal employment opportunity laws, including stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
6. Postings that violate the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
7. Unsolicited promotions, political campaigning, advertising or solicitations, including any advertisements for legal services, legal service providers, or expert witness referral services;
8. Private or confidential information of any third party, including, Social Security numbers and credit card numbers;
9. Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
10. Any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; and
11. Postings that, in the sole judgment of Company, are objectionable or which restrict or inhibit any other person from using or enjoying the Interactive Areas or the Site, or which may expose Company or its users to any harm or liability of any type.

Company takes no responsibility and assumes no liability for any Postings created, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas and the Site is at your own risk. As a provider of interactive services, Company is not liable for any statements, representations, responses, comments or other Postings provided by its users in any review, forum, question, answer, or other Interactive Area. Although Company has no obligation to screen, edit or monitor any of the Postings included in any Interactive Area, Company reserves the right, and has absolute discretion, to remove, screen or edit any Postings posted or stored on the Site at any time and for any reason without notice. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.

If you submit Postings to the Site, you grant Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Postings throughout the world in any media. You grant Company and its affiliates and sublicensees the right to use the name that you submit in connection with such Postings, if they choose. You represent and warrant that (a) you own and control all of the rights to the Content that you post or you otherwise have the right to post such Content to the Site and to grant the rights granted herein; (b) any Postings are accurate and not misleading; and (c) use and posting of the Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity. You agree that you shall have no recourse against Company for any alleged or actual infringement or misappropriation of any proprietary right in Postings you provide to Company.

13. Premium Services

Courtroom Insight offers optional premium services including advertising through expanded profile listings and subscriptions. By selecting a premium service you agree to pay Courtroom Insight the monthly or annual subscription fees indicated for that service and any related taxes. Payments will be charged on the day your premium service goes into effect and will cover the use of that service for the period indicated. Monthly payments will be charged to your credit card on a recurring basis. Premium service fees are not prorated or refundable.

If your payment method fails or your account is past due, Courtroom Insight reserves the right to either suspend or terminate your premium services. You agree to submit any disputes regarding any charge to your account in writing to Courtroom Insight within sixty (60) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.

14. Errors and Corrections

Company does not represent or warrant that this Site or the Content or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Company does not warrant or represent that the Content or Postings available on or through this Site will be correct, complete, accurate, timely, or otherwise reliable. Company may make improvements and/or changes to its features, functionality or Content or Postings at any time. Company reserves the right to change any and all content contained in the Site and any Content offered through the Site at any time without notice. Reference to any professionals, educational institutions, courts, associations, organizations, publications, licenses, accreditations, evaluations, endorsements, reviews, products, services, processes or other information, by name, trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

15. Third Party Content

Third party content (including Postings) may appear on this Site or may be accessible via links from this Site. Company shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Company. Further, information and opinions provided by employees and agents of Company in Interactive Areas are not necessarily endorsed by Company and do not necessarily represent the beliefs and opinions of Company. While Company endeavors to provide and to allow others to provide useful information regarding expert witnesses, litigation consultants, service providers, mediators, arbitrators, judges and resources ("Professionals"), you acknowledge that such information is reliant upon third party data and contributions, that there are certain inherent limitations to the accuracy or currency of such information, that profiles of Professionals and other information may be incomplete or may contain inaccuracies (including any interpretations and reviews of such information), and that information on the Site may be outdated or contain errors, omissions or misinterpretations of information. You further acknowledge that a Courtroom Insight Review and the other information contained in an individual's profile, such as descriptions of a Professional's education, licenses, areas of practice, and other data, summaries or descriptions on the Site, are based on the data obtained by or submitted to Company, which may be incomplete or inaccurate. Courtroom Insight Reviews are not an endorsement of any particular Professional or are a guarantee of a Professional's quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other personal and professional characteristics. Nor are they a predictor of the outcome of a matter handled by such Professional. The information provided on this Site is intended to be a starting point to gather information about issues and Professionals who/that may be suitable for your legal needs, but you should not rely solely on such information in deciding whether to hire a Professional or how to resolve a legal matter. Furthermore, you should independently verify the accuracy of any information you obtain on the Site before using it, and you should obtain independent references for any Professionals you are considering hiring. You agree to be solely responsible for your use of the Site and the Content, and for determining the suitability of, and the results obtained from, any Professional you hire.

16. DISCLAIMER

THIS SITE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. COMPANY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THIS SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS.

17. LIMITATION OF LIABILITY

COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS SITE, THE CONTENT, THE POSTINGS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD PARTY COMMUNICATIONS. COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY THIRD PARTY COMMUNICATIONS. THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE OR THE CONTENT, SHALL NOT EXCEED ANY COMPENSATION YOU HAVE PAID TO THE COMPANY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE SITE OR COURTROOM INSIGHT SERVICES IN THE SIX (6) MONTHS PRECEDING THE INITIAL CLAIM GIVING RISE TO LIABILITY.

18. Indemnification

You agree to defend, indemnify and hold harmless Company, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, licensors, suppliers and any third party information providers, from and against any claims, damages, costs, liabilities and expenses (including reasonable attorneys' fees) arising out of or related to any Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site or the Content, including any actual or threatened suit, demand or claim arising out of or relating to the Content, Postings, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.

19. Unlawful Activity

Company reserves the right to investigate complaints or reported violations of Terms of Use and to take any action Courtroom Insight deems appropriate including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses traffic information, and other information requested by such persons.

20. Applicable Law and Venue

These Terms of Use and your use of the Site shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California (even if your use is outside of the State of California), without resort to its conflict of law provisions. You agree that with respect to any disputes or claims not subject to arbitration (as set forth below), any action at law or in equity arising out of or relating to the Site or these Terms of Use shall be filed only in the state and federal courts located in San Francisco County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.

21. Arbitration

You and Company agree that except as otherwise specifically provided in this paragraph, any controversy or claim arising out of or relating in any way to these Terms of Use, or the breach thereof, or to the Site and/or the Content shall be settled exclusively by arbitration administered by the American Arbitration Association (the "AAA") in accordance with its Commercial Arbitration Rules and, in the case of consumer disputes, with the AAA's Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules"), and that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules. To the fullest extent permitted by applicable law, no arbitration or claim shall be joined to any other arbitration or claim, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the Site be instituted more than two (2) years after the cause of action arose. In the event that any term of this Section 25 (Arbitration) is held to be in conflict with a mandatory provision of applicable law, such conflicting term shall be modified automatically to comply with such provision and the remainder of this Section 25 shall not be affected. Notwithstanding the foregoing, to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark, trade secret rights, or other proprietary rights, or you have otherwise violated any of the user conduct rules set forth in Section 14 above, then the party seeking a remedy in such instances may seek injunctive or other appropriate relief from any court specified in Section 24 above without regard to the arbitration requirement set forth above.

22. Severability of Provisions

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. If you have a separate signed written agreement with Company that applies to your use of any Content, that agreement constitutes the entire agreement between you and Company with respect to the Content subject thereto (the "Otherwise Covered Content"), and these Terms of Use shall be treated as having no force or effect with respect to the Otherwise Covered Content unless the terms of such agreement expressly incorporate these Terms of Use into such agreement.